Posts Tagged "NC FIduciary Litigation Attorney"

What is an equitable lien? An equitable lien is a device created by North Carolina courts to protect people whose money is wrongfully spent by someone else to improve that other person’s property. Courts can give the victim a right to be paid from the sale of the property. This right to payment attaches specifically to the wrongfully improved or purchased property. FOR EXAMPLE, Andrew is Vicky’s power of attorney. Andrew wants to buy a new house, so he uses his power to take $50,000 from Vicky to help pay for it. However, Vicky never gave Andrew permission to take the money. Vicky now...

Is Redstone Competent To Take Actions Or Not? At 92 years old, Sumner M. Redstone is currently a director, chairman emeritus, and controlling shareholder of 80% of the voting shares of Viacom and CBS. Redstone will remain in control until he either dies or is declared incompetent. During testimony in the lawsuit concerning his competency, Judge David J. Cowan stated that he was strongly considering Redstone’s motion to dismiss the case, which would leave Redstone in charge of his $42 billion media empire. Manuela Herzer, Redstone’s former lover, brought the suit in Los Angeles, California...

NC Fiduciary Litigation Attorney, Kirk Sanders, victory on behalf of his octogenarian client made NC Lawyers Weekly’s Top 25 Verdicts & Settlements for 2015. NC Lawyers Weekly Top 25 Verdicts & Settlements of 2015 This was a case where an octogenarian’s child wiped out all his accounts, valued at $1,000,000 and deeded all his property to herself as a life estate remainderman. The lawsuit filed by Sanders alleged power of attorney embezzlement, POA misappropriation, POA misuse of funds, and breach of fiduciary duty. Mr. Sanders and co-counsel, Bryan Thompson, worked...

When the probate litigation lawyers at Hendrick Bryant file a Will Contest (will Caveat), we also file discovery requests per the N.C. Rules of Civil Procedure. If the case is based on capacity of the testator at the time of execution of the Last Will & Testament or if it’s based on Undue Influence on the testator, then medical records are vitally important. So we ask for medical records around the time the will was executed and beforehand. These requests include: Medical & health records and bills from {DATE} to her Date of Death, including: medical records doctors notes...